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The New Hampshire Gazette
Portsmouth, Rockingham County, New Hampshire
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The Rhode Island Legislature passed resolutions with great unanimity, asserting that federal courts have exclusive authority to decide the constitutionality of U.S. laws, declaring the Alien and Sedition Acts constitutional, and expressing regret over Kentucky's opposing resolutions from November 10.
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The Legislature of this State has passed with great unanimity, the following wise and spirited Resolutions:
Resolved, That in the opinion of this Legislature, the second section of the third article of the Constitution of the United States, in these words, to wit: "The judicial power shall extend to all cases arising under the laws of the United States," vests in Federal Courts, exclusively, and in the Supreme Court of the United States, ultimately, the authority of deciding on the constitutionality of any act or law of the Congress of the United States.
Resolved, That for any State Legislature to assume that authority, would be, 1st. Blending together legislative and judicial powers. 2d. Hazardizing an interruption of the peace of the States by civil discord, in case of a diversity of opinions among the State Legislatures; each State having in that case no resort for vindicating its own opinion, but to the strength of its own arm. 3d. Submitting most important questions of law, to less competent tribunals; and 4th. An infraction of the Constitution of the United States, expressed in plain terms.
Resolved, That although for the above reasons this Legislature, in their public capacity, do not feel themselves authorized to consider and decide on the constitutionality of the Sedition and Alien Laws (so called) yet they are called upon, by the exigency of this occasion, to declare, that in their private opinions, these laws are within the powers delegated to Congress, and promotive of the welfare of the United States.
Resolved, That the Governor communicate these Resolutions to the Supreme Executive of the State of Kentucky, and at the same time express to him, that this Legislature cannot contemplate without extreme concern and regret, the many evil and fatal consequences which may flow from the very unwarrantable Resolutions aforesaid, of the Legislature of Kentucky, passed on the 10th day of November last.
The above resolutions, and similar ones in answer to those of Virginia, concurred in both Houses, with only one dissenting voice.
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Domestic News Details
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Providence
Event Date
March 9
Outcome
passed with great unanimity in both houses, with only one dissenting voice.
Event Details
The Legislature resolved that the U.S. Constitution vests exclusive authority in federal courts, particularly the Supreme Court, to decide on the constitutionality of congressional acts. They argued against state legislatures assuming this role, citing risks of blending powers, civil discord, less competent tribunals, and constitutional infraction. They declared the Sedition and Alien Laws constitutional and promotive of U.S. welfare in private opinions. The Governor was to communicate these to Kentucky's Supreme Executive, expressing concern over Kentucky's November 10 resolutions. Similar resolutions in response to Virginia's also passed with one dissenting voice.